Town of Mount Pleasant, South Carolina
Old Village Historic District Commission
Bylaws

Article 1
Organization

Section 1. Rules
These rules of procedure are adopted pursuant to S.C. Code § 6-29-870 for the Mount Pleasant Old Village Historic District Commission which consists of members appointed by Town Council.

Section 2. Officers
The officers of the Commission shall be a chairman and vice-chairman elected for one year terms at the first meeting of the Commission in each calendar year. The Commission shall appoint a member of the staff of the Town as secretary of the Commission.

Section 3. Chairman
The Chairman shall be a voting member of the Commission and shall:
a. Call meetings of the Commission;
b. Preside at meetings and hearings;
c. Act as spokesperson for the Commission;
d. Sign documents for the Commission;
e. Have orders of the Commission served on parties; and
f. Perform other duties approved by the Commission.

Section 4. Vice-Chairman
The vice-chairman shall exercise the duties of the chairman in the absence, disability, or disqualification of the chairman. In the absence of the chairman and vice-chairman, an acting chairman shall be elected by the members present.

Section 5. Secretary/Staff Member
The secretary shall:
a. Provide and publish notice of appeals and meetings;
b. Assist the chairman in preparation of agenda;
c. Keep recordings and minutes of meetings and hearings;
d. Maintain Commission records as public records;
e. Serve Commission decisions on parties;
f. Attend to Commission correspondence; and
g. Perform other duties normally carried out by a secretary.

Article II
Meetings

Section 1. Time and Place
An annual schedule of regular meetings shall be adopted, published, and posted at the designated Town offices in December of each year. Special meetings may be called by the chairman upon 24 hours notice, posted and delivered to all members of the Commission, and to the local media upon request. All meeting notices shall be posted in Town Hall. Meetings shall be held at the place stated in the notices, and shall be open to the public.

Section 2. Form of Application and Fees
Applications shall be filed on forms approved by the Commission and provided to applicants by the secretary. The Commission may require additional information as deemed necessary. The failure to submit adequate information may be grounds for dismissal. An application may be filed by the applicant or his or her designee. Every new application shall be accompanied by a fee, in an amount specified by the schedule of fees established by the Town. The fee shall not be required for applications that have been continued, deferred, or approved with conditions where the applicant is returning with such conditions before the Commission. Any changes, alterations, or additions to plans after the Commission has made a final disposition of the matter, may require additional fees.

Section 3. Time for Application
An application must be filed in accordance with the submittal dates published on the annual schedule of meetings or as otherwise revised by the Town.

Section 4. Calendar
Applications shall be marked with the date of receipt and placed on the agenda by the secretary.

Section 5. Withdrawal of Application
Any application may be withdrawn by written or verbal notice delivered to the secretary prior to action by the Commission. An application which is withdrawn may be refiled on or before the next regularly scheduled submittal date.

Section 6. Continuances
The hearing of an application may be continued one time by the Commission at the request of the applicant for good cause shown. Any subsequent request for continuance will require a new application.

Section 7. Agenda
A written agenda shall be furnished by the secretary to each member of the Commission and, upon request to the news media, and shall be posted at least five (5) days prior to each regular meeting, and at least twenty four (24) hours prior to a special meeting. Items may be removed from the agenda or postponed by the Commission at a meeting by a majority vote.

Section 8. Quorum
A majority of the members of the Commission shall constitute a quorum. A quorum shall be present before any business is conducted other than rescheduling the meeting. There is no requirement, however, that a quorum vote on any given motion, and the rule of the quorum is merely that the members be present. Members who recuse themselves from hearing an item, but remain present, shall be counted as present in the quorum.

Section 9. Rules of Order
Robert’s Rules of Order shall govern the conduct of meetings except as otherwise provided by these Rules of Procedure.

Section 10. Notice
Public notice of a regularly scheduled meeting of the Commission shall be published in the Public Notices section of the local newspaper.

Article III
Meeting Procedure

Section 1. Appearances
The applicant or any party in interest may appear in person or by agent or attorney. The Commission may postpone or proceed to dispose of a matter on the record before it in the absence of an appearance on behalf of an applicant.

Section 2. Cross-examinations
No party shall have the right to cross-examine; however, the opportunity to examine speakers with opposing viewpoints may be freely extended to the Commission when conducted in an orderly manner. Intimidation of speakers will not be allowed.

Section 3. Evidence
Relevant documents, photographs, maps, plans, drawings, etc., will be received in the record without authentication in the form of legible copies. Relevant testimony that is not cumulative or hearsay will be received. The chairman will rule on all evidentiary matters. Evidence may be placed in the record with an objection noted.

Section 4. Conduct of Hearing
The normal order of hearing, subject to modification by the chairman, shall be:
a. Statement of matters to be heard (chairman);
b. Initial presentation by town official (5 minute limit);
c. Presentation by applicant (10 minute limit);
d. Unsworn public comment when appropriate (2 minutes per person);
e. Final statement by town official (5 minute limit);
f. If necessary, the Commission may question participants at any point in the hearing;
g. Public comment closed.
h. Commission deliberation.
i. Matters in which additional time is granted may be moved to the end of the agenda.

Section 5. Disposition
The Commission may deliberate and make a final disposition of a matter by majority vote of members present at the hearing. A member may not vote on a matter that the member has not heard. Deliberation shall be conducted and votes taken in public. The vote shall serve as the final decision of the Commission and the time frame for an appeal shall commence at the announcement of said decision, unless the applicant or his or her designated agent is not present. In such case, a copy of the decision in the form of minutes shall be served by certified mail. The time frame for appeal in this case shall commence on the date of receipt of the minutes.

Section 6. Form of Order (Minutes)
An order shall be issued disposing of a matter by granting or denying an application with such conditions or modifications as may be deemed necessary. A matter may be dismissed for lack of jurisdiction.

Section 7. Service of Order (Minutes)
The minutes, as approved by the Commission, shall serve as the order of the Commission with respect to each application. The secretary shall deliver a copy of an order to each party in interest upon request or as otherwise required under this Article.

Section 8. Rehearing
The Commission may grant a rehearing of an application which has been dismissed or denied upon written request filed with the secretary within fifteen (15) days after the date of the decision or receipt of minutes, whichever is applicable, in accordance with §156.436 (F) of the code of ordinances.

Article IV
Records

Section 1. Minutes
The secretary shall record all meetings of the Commission on tape which shall be preserved until final action is taken on all matters presented. The secretary shall prepare minutes of each meeting in a timely manner for approval by the Commission. Minutes shall be maintained as public records.

Section 2. Minutes (Orders) and Documents
The secretary shall assist in the preparation and service of all minutes (orders) of the Commission in appropriate form. Copies of all agendas, documentary evidence, minutes (orders) and forms shall be maintained as public records.

Article V
Appeals

Section 1. Appeal from Old Village Historic District Commission to Circuit Court
Any person may appeal a decision of the Commission to the Courts of South Carolina pursuant to the South Carolina Code of Laws, Section 6-29-900 et sequituir.

Section 2. Notice of Appeal; transcript; supersedeas
(A) Upon filing of the appeal, the clerk of the circuit court shall give immediate notice of it to the secretary of the Commission and within thirty days from the time of the notice the Commission shall file with the clerk a duly certified copy of the proceedings had before the commercial design review Commission, including a transcript of the evidence heard before it, if any, and the decision of the Commission including its findings of fact and conclusions.

(B) The filing of an appeal in the circuit court from any decision of the Commission does not ipso facto act as a supersedeas, but the judge of the circuit court may in his discretion grant a supersedeas upon such terms and conditions as may seem reasonable and proper.

Article VI
Adoption and Amendment

Section 1. Adoption
These rules were adopted by a vote of a majority of the members of the Commission at a regular public meeting on August 14, 2006.

Section 2. Amendment
These rules may be amended at any regular meeting of the Commission by majority vote of the members of the Commission at least seven (7) days after written amendment is delivered to all members.